Free ebook

The Prosecutor's Drunk Driving

Trial Manual

Watch Videos

Free PDF

San Bernardino DUI Lawyer: How to Handle Cross-Examination Questions

The prosecutor in your DUI case will probably try and pressure you to admit on the stand that you had indeed been driving under the influence of alcohol when you were pulled over by the police. An experienced, effective DUI attorney in San Bernardino can usually get you through this without weakening your defense.

One strategy prosecutors often use to accomplish this is to run through the observations made in your police report and to ask if the physical and behavioral traits you demonstrated typically indicate drunkenness. But there are effective ways to prepare for and to parry this line of questioning, and your San Bernardino DUI lawyer should work on these with you. Calmly and accurately testifying to a jury that you know what “under the influence” actually means, for example, puts you in a better position to argue convincingly that you yourself were not in that condition when you were pulled over, even if you had had a drink some time earlier.

Another standard prosecutors’ tactic is to ask you whether you have practiced testifying and answering questions with your San Bernardino DUI defense attorney prior to your appearance in court. Some defendants find this inquiry intimidating—you should not. Preparing to take the stand before you actually testify is entirely legitimate. Indeed, your lawyer would be delinquent in his professional duty to you if he did not work with you on this.

Sometimes a prosecutor will follow up by asking if your San Bernardino DUI defense attorney “coached” you on what to tell the jury. First of all, this question is an improper violation of the attorney-client privilege between you and your attorney. But judges have been known to overrule objections to this question—and your attorney may even let it pass without objection so you can tell the jury yourself: “My attorney has told me to tell the truth about anything I am asked today. And, yes, I am doing exactly that.”

Before you step into a courtroom to testify—before you talk to anyone—about your DUI case, talk to an experienced San Bernardino DUI defense attorney like Scott Stotz. Call today for a free consultation.